McCLOSKEY v. NEW YORK LIFE INS. CO.


292 Pa.Super. 1 (1981)

436 A.2d 690

Elizabeth E. McCLOSKEY v. NEW YORK LIFE INSURANCE COMPANY, Appellant.

Superior Court of Pennsylvania.

Filed October 30, 1981.


Attorney(s) appearing for the Case

John H. Scott, Jr., Pittsburgh, for appellant.

Robert B. Truel, Pittsburgh, for appellee.

Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.


HOFFMAN, Judge:

Appellant contends, inter alia, that it is entitled to a judgment n.o.v. because the insurance policy had been fraudulently obtained. We agree and, accordingly, reverse the judgment of the court below and remand for entry of judgment n.o.v. in favor of appellant.1

In early December, 1974, appellee's husband, Robert J. McCloskey, Jr., applied to appellant for a $25,000 life insurance policy and completed a...

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